AOGT

Hello,

I have started another thread rather than bumping an old one as my issue has changed, again. I hope this is in the correct forum. I have looked through previous pages and could not find this issue.

My partner, a 30-yr-old Canadian citizen, and I are trying to return together to the UK later this year. We are hoping that she can enter under the Youth Mobility (working holiday) scheme and then subsequently apply for the De Facto visa once I have the required documents for this (6 months payslips etc).

Reading the guidance online can be confusing though. Is it possible to apply for the DF visa while she is in the UK (before YM visa expires), or will she have to leave the country and return to Canada first?

Has anyone gone through this process?

Thank you.

SanDiegogirl

Are you talking about her applying for the unmarried partner visa while in the UK on the Tier 5 visa?

If so, then yes, she can apply for this from the UK. Obviously you will have to fulfill financial, accommodation and relationship requirements.

AOGT

Hi, thanks for the reply. Yes, I am talking about applying for the unmarried visa. I am aware of the commitments needed, what I hoped was that I would be able to gather that data (the 6 months of payslips etc) while she is with me on the Tier 5 visa - which apparently I can. We would meet the other criteria, it's literally just the proof of my income.

Thank you.

SanDiegogirl

One of the big requirements for unmarried partner visa is the two year continuous co-habitation - with continuous being the operative word.

Looking back at some of your earlier posts you appear to have lived together in some places but then travelled together around others. Travelling around together does not constitute living together akin to marriage.

Are you looking at living together in the UK - continuously and akin to marriage - for two years before applying or have you got this sorted out?

AOGT

Ah, we were wondering about that and were under the mistaken impression that by being able to prove our life together would count. Can you point me towards an online source for this so I can examine it further please?

We would be looking to live together in the UK while my partner is on a Tier 5 visa. However, she is only eligible for 2 years of Tier 5 visa so this makes it very hard to actually achieve. Even if, in the best possible world, we entered the UK and found a place to live together (shared tenancy etc) within a month, we would still be under the required 2 years proof-of-cohabitation when her Tier 5 visa ended.

That's not a very eloquent explanation on my part, sorry. I hope it is understandable.

This is potentially a very difficult thing, now. Hmm. Thank you for your replies. Any further thoughts?

AOGT

Additionally, while doing more research we found this:

uk defacto visa for my aussie boyfriend....not sure we'll be able to get one??

Scrolling down to the comment by Joppa, a moderator, on 28 Jan 2012, it appears to read that if my partner was to come to the UK on the Tier 5 visa and we cohabit immediately, we can then apply for further leave to remain once there are 4 weeks remaining on her Tier 5. Would this work? I'm not sure whether this post from 2012 would still be valid...

SanDiegogirl

Taken from "Apply to remain in the UK" website:

artner routes
Partners are 2 people who are 18 or over and in a genuine relationship - you must be able to prove one of the following:

you’re married
you’re in a civil partnership
you’ve been living together in a relationship for 2 years

https://www.gov.uk/remain-in-uk-family/overview

Have you been living together in NZ as legal residents "akin to marriage" or as visitors?. If the former then that time, with relevant documentation, could count towards the two year period.

If not, then have you looked at the Ancestry visa for Canadian partner which gives 5 years of residency or marriage?

https://www.gov.uk/ancestry-visa/overview

Another option is if Canadian partner has European or Brit connections and is eligible for European or Brit passport.

AOGT

We are in NZ on working holiday visas, travelling around the country. We have a joint NZ bank account and have proof that we own a car together in NZ. We are 'temporary residents' in NZ, I would say, but I'm not sure how the UK immigration system would label us. It's the "akin to marriage" bit which is vague to me.

Unfortunately there are no chances of the ancestry route working for us.

spouse of scouse

This is an interesting one SDG. If an unmarried couple travelled together, and continually lived together throughout that time, sharing a bedroom, expenses etc, does that not count as living together? I guess they'd need proof of shared accommodation etc. Or is the rule that they must live together in one place for that two years?

AOGT

I'm wondering this too.

SanDiegogirl

The following is taken from SET 05 Guidance notes for unmarried and same sex partners. Section 13

SET5.13

What types of evidence might demonstrate living together and a relationship akin to marriage / civil partnership?
The applicant must provide six pieces of correspondence addressed to him / her and their partner at the same address as evidence that they have been living together during the past 2 years. The items of correspondence should be addressed to them jointly or in both their names. If they do not have enough items in their joint names, they may also provide items addressed to each of other individually if they show the same address for both of them. The documents provided must be originals and should be spread over the whole 2 years; they should also be from at least 3 different sources.

Examples of what documentation the applicant could provide are listed below:

Joint commitments, (such as joint bank accounts, investments, rent agreements, mortgage, life insurance policy naming the other partner as beneficiary etc);

Birth certificates or records of any children of the relationship, showing both partners as parents;

Any official correspondence linking both partners to the same address, for example Council Tax, utility bills, Doctors records;

Any other evidence that adequately demonstrates the couple’s long-term commitment to each other.





The ECO is looking for evidence that the application is from a couple who are in a long term, stable relationship "akin to marriage" i.e they have not married but have all the trappings/responsibilities towards one another that a married couple would have.

Travelling together, especially on visitor visas, where the only responsibility towards one another is sharing a rented room or travel expenses is not regarded as living together akin to marriage.


Now, if the travelling couple do indeed have joint bank accounts, insurance policies for one another, accommodation bills including utility bills showing they have rented for reasonable amounts of time together, then possibly this period could be used as proof of longstanding relationship.

SanDiegogirl

Immigration has been tightened since 2012 but if you start co-habiting immediately you arrive in the UK and have proof of such, then applying a couple of weeks prior to the end of the Tier 5 visa should be OK - can't guarantee anything.

AOGT

Is it actually possible to transfer from the Tier 5 to De Facto visa?

SanDiegogirl

Yes, you can obtain an unmarried partner visa as long as you fulfill the requirements.